ROOFTOP AT RIVERSIDE, LLC GAME TRUCK TERMS AND CONDITIONS
PLEASE READ CAREFULLY AND COMPLETELY – THIS AFFECTS YOUR LEGAL RIGHTS
I, FOR MYSELF AND/OR AS THE PARENT/LEGAL GUARDIAN OF MY NAMED MINOR CHILD/CHILDREN OR CARETAKER OF MINOR GUEST(S) (IF AND AS APPLICABLE), AGREE TO ALL OF THE FOLLOWING:
YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF ROOFTOP AT RIVERSIDE, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR AND YOUR CHILD’S, CHILDREN’S AND OR MINOR GUEST’S RIGHTS AND YOUR RIGHTS TO RECOVER FROM ROOFTOP AT RIVERSIDE, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND ROOFTOP AT RIVERSIDE, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. SIGNATURE OF THIS AGREEMENT INCLUDES AGREEMENT TO ALL ROOFTOP AT RIVERSIDE, LLC POLICIES AND PROCEDURES WHICH MAY CHANGE FROM TIME TO TIME.
1. No Adult Supervision by Rooftop at Riverside, LLC. I acknowledge and accept that Rooftop at Riverside, LLC does not provide adult supervision or child sitting services at any time before, during or following the party/event, that the host of the party/event is solely responsible for providing adequate adult supervision and sitting services, and that Rooftop at Riverside, LLC is not responsible for the actions or inactions of the host, any participants, including my own minor child(ren), or of any other person that may be present at, or around, the location of the party/event.
2. Assumption of Risk. I acknowledge and accept that even if Rooftop at Riverside, LLC uses reasonable care in providing the interactive video gaming activities and the gaming trailer, there is a chance that I, and/or my minor child, for whom I am signing this Waiver, possibly may be injured, including serious personal injury, disability or death, from entering, moving within or exiting the gaming trailer and/or participating in such activities because these involve inherent risks and dangers, known and unknown, that cannot be avoided or eliminated, including, but not limited to: slips, trips, and falls from entering, moving within, and exiting from the gaming trailer; strains, sprains, or injuries from movements during gameplay; injuries from handling gaming controllers or other gaming accessories or equipment; dizziness from virtual reality or gaming content; eye strain, headaches, or vision issues from screen exposure; seizures or adverse reactions triggered by flashing lights or game content; aggravation of pre-existing medical conditions; stress on joints and muscles from repetitive gaming movements; contact with electrical components or wiring of the game trailer; malfunction of gaming equipment or accessories; exposure or allergies to cleaning products used on gaming equipment; conflicts and/or language between participants during multiplayer games; anxiety or stress in confined spaces; transmission of a communicable disease, virus, or infection, including, without limitation, COVID-19 or variants, through direct or indirect contact; negligent first aid; failure to act safely or within one’s own ability; my and/or my minor child’s or children’s own negligence, gross negligence, recklessness or intentional misconduct; the negligence, gross negligence or intentional misconduct of other participants; and negligence on the part of Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents and/or representatives or otherwise. I understand and accept that negligence includes the failure on the part of Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents and representatives to take reasonable steps to safeguard, forewarn and protect me and/or my minor child and/or children from such inherent risks and dangers. I acknowledge, accept and assume all risks and dangers, known and unknown and whether or not concealed or hidden, arising from, or relating in any way, to my and/or my minor child’s and/or children’s participation in and/or use of the interactive video gaming activities and from my and/or my minor child’s or children’s entering, movement within and exiting the gaming trailer, including the possibility of personal injury, disability, death or property damage and all losses resulting therefrom, whether caused by the negligence of Rooftop at Riverside, LLC, its owners, directors, officers, employees, representatives and/or agents, or otherwise.
3. Pay My Own Medical Expenses. I acknowledge, accept and assume the risk of any and all medical conditions, limitations or disabilities (whether temporary or permanent) that I and/or my minor child and/or children for whom I am signing this Waiver possess, whether known or unknown, which might contribute to or exacerbate any injury I and/or my minor child(ren) might sustain as a result of entering in, moving within, and/or exiting the gaming trailer and/or while participating in or using any of the video games in the gaming trailer. I acknowledge, accept, and fully assume that if any medical assistance of any form or kind (including, but not limited to emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I and/or my minor child(ren) sustain during my and/or my minor child’s or children’s entry, movement within, or exit of the gaming trailer and/or participation in or use of any video games in the gaming trailer, such assistance and all related costs shall be at my own expense.
4. Property Damage. I acknowledge, accept and assume full responsibility and will pay for any and all damage to public or private property, including, but not limited to, damage to the gaming trailer, gaming equipment, gaming accessories, Premises, and gaming furniture caused by my own conduct and/or the conduct of my minor child(ren) for whom I am signing this Waiver, regardless of whether my and/or my minor child’s or children’s conduct was intentional or not. Additionally, Rooftop at Riverside, LLC reserves the right to charge the client’s credit card for damages to the trailer or equipment resulting from the careless or willful damage or theft of same by me or my minor child(ren) and/or guests as follows:
Television $500, Controllers, $125 each, gaming systems $750, video games $125 each, Toast Handheld $500, Damage to Game Trailer/Wiring/Lighting/Sound Systems, etc to be determined by quoted repair costs and may include reasonable charges for loss of business.
Rooftop at Riverside, LLC reserves the right to remove or request the removal of anyone inside the premises if we judge their behavior as aggressive, bullying, dangerous or hostile towards our equipment, property, other gamers, customers or staff.
Any damage caused during the event that we deem improper behavior (intentional or otherwise) by anyone inside the premises or included in the party will result in the booking party being financially responsible for the damage to be replaced as new. At this time, we may also abandon the event with no refunds given.
Rooftop at Riverside, LLC does not tolerate bad language, threatening, disrespectful or aggressive behavior towards our staff or other event attendees. We reserve the right to request verbal intervention by an adult member of the booking party. We also reserve the right to request the removal of anyone from the premises as necessary, or end the event at any time without refunds.
Rooftop at Riverside, LLC reserves the right to request the removal of any event member if there is adequate reasoning to believe they are under the influence of drugs or excessive alcohol consumption, in line with our Alcohol Policy. Failure to comply with these rules may be temporary or in complete gameplay stoppage.
We reserve the right, in our absolute discretion, to refuse admission to our Premises or remove from the premises any person who has behaved or is behaving, or we have reason to believe, will behave in a manner which, in our opinion, has affected, or is likely to affect, the enjoyment of the Premises by any other third party.
5. Waiver and Release of Liability. I hereby forever, unconditionally, freely and fully release, waive, discharge and agree not to sue Rooftop at Riverside, LLC, its owners, officers, employees, agents, representatives, and insurers, from all and for any and all liability, claims, demands, debts, costs, expenses (including, but not limited to medical expenses), judgments, losses, suits, causes of action of every kind and nature, at law, in equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, arising out of or related to in any way, directly or indirectly, to any loss, damage, or injury, including personal injury, disability, death or property damage, which I and/or my minor child(ren) for whom I am signing this Waiver may suffer, regardless of whether such loss, damage or injury is caused by the negligence of Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents and/or representatives, or otherwise.
6. Waiver of Jury Trial. Rooftop at Riverside, LLC and Signor waive the right to a trial by jury in any action or proceeding based upon, or related to, the subject matter of this Agreement.
7. Governing Law, Jurisdiction, and Venue. This Agreement shall be construe, interpreted and governed by and in accordance with the laws of the State of Florida. Jurisdiction and venue for any judicial proceeding concerning this Lease shall lie in Lee County, Florida.
8. Indemnity. I hereby indemnify and hold harmless Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents and representatives, from any and all suits, claims, causes of action, demands, debts, losses, liability, damages, judgements, settlements, and costs (including reasonable attorneys’ fees) arising from or relating in any way to my and/or my minor child(ren) for whom I am signing this Waiver use of and/or participation in the interactive video gaming activities and use of the gaming trailer, whether arising from the negligence of Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents, and/or representatives, or otherwise.
9. Binding Effect, Survival, Modifications, Governing Law and Venue. This Waiver is binding on me and my minor child(ren) for whom I am signing this Waiver (if and as applicable) and on my and my minor child’s personal representatives, heirs, assigns, and next of kin. If any terms of this Waiver are found to be void or unenforceable for any reason, the remaining terms will remain to be valid and will continue to be in full force and effect. Modifications or supplements to this Waiver will only be effective if signed by both me and authorized representative of Rooftop at Riverside, LLC. This Waiver is governed by and construed in accordance with the laws of the State of Florida. Any and all causes of actions of any kind arising from or relating in any way to this Waiver will be brought in the state or federal courts located in Lee County, Florida.
10. Policies and Procedures. I have received, read and agreed to all Rooftop at Riverside, LLC Policies and Procedures.
By signing below, I acknowledge, represent and agree that:
a. I am 18 years or older;
b. The information I checked off and provided at the top of this form is true, accurate and complete;
c. Rooftop at Riverside, LLC is not responsible for any false, inaccurate or incomplete information I checked off or provided or failed to provide at the top of this form;
d. I understand the terms of this Waiver, including that I am waiving certain legal rights that I and/or my minor child(ren) for whom I am signing this Waiver (if and as applicable), and which my and my minor child’s or children’s personal representatives, heirs, assigns, and next of kin, may have to recover from Rooftop at Riverside, LLC, its owners, directors, officers, employees, agents and/or representatives, in a lawsuit for any personal injury, including death, that I and/or my minor child(ren) sustains and for any damage to my and/or my minor child’s or children’s own property that results from the risks that are inherent to participating in the interactive video gaming activities and use of the gaming trailer;
e. I have the right to refuse to sign this Waiver, and Rooftop at Riverside, LLC has the right to refuse to let me and/or my minor child(ren) for whom I am signing this Waiver (if and as applicable) participate if I choose not to sign this Waiver;
f. I have carefully read this Waiver prior to signing it; and,
g. I am signing this Waiver freely and voluntarily without any inducement.
h. We recommend that the youngest age group we accept party bookings for is age 6. However, we will accept younger parties if requested. Rooftop at Riverside, LLC and its staff are in no way responsible for any games played by any party attendee who may be younger than the age rating of any game. Responsible Adults assume full responsibility for any games played by gamers under the PEGI recommended age for that party and the individual who booked the party.
i. By their very nature, online games depend on the performance of their online servers. If the game server is having difficulties or encounters an update, this can cause issues such as delays, lagging, etc. We cannot be held responsible for these issues. We offer alternative games or consoles to gamers when a server issue causes major disruption to the game. Online games depend on a fast internet connection. Here at Rooftop at Riverside, LLC, we have installed the fastest available broadband and connected all consoles via Ethernet to provide the fastest and most reliable connection. However, on rare occasions, the internet service provider may encounter a fault or create unexpected disruption. If sufficient internet is still unavailable, our staff will make every effort to not allow this to affect the enjoyment of the event. Offline gameplay will be prioritized. We are in no way obliged to offer any discount to the event organizer if certain games or gameplay are unavailable due to a lack of internet reception. If neither of these options is available, we will organize a reschedule of the party for you at no additional cost. If the gamers are unable to use the consoles for more than half of the gaming time, we will refund the party cost minus any expenses already incurred by us. Our consoles are checked daily for game updates. Still, with no prior warning or control over what time or date game updates are released to the world by the game manufacturers, we can’t guarantee the playability of all games. Although we will always try to ensure all games are available, if a game requires an update during a gaming event, we will accept no liability for the lack of gameplay for the specific game in question. This includes Fortnite.
j. All items, belongings, and other property brought into Rooftop at Riverside, LLC by visitors shall be at such visitors’ own risk, and Rooftop at Riverside, LLC accepts no liability for any loss or damage to such property. Rooftop at Riverside, LLC advises visitors not to bring valuables or leave them about the Premises unattended.
k. Rooftop at Riverside, LLC shall not be liable for a third party’s failure to provide, or negligence in providing, any goods or services to you, and you shall indemnify us and keep us indemnified from and against any costs incurred by us as a result of any cancellation of any third-party services contracted by you.
NOTICE TO THE MINOR CHILD’S OR CHILDREN’S NATURAL GUARDIAN OR CARETAKER
Rooftop at Riverside, LLC
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN OR CARETAKER
Photography & Social Media Release Form
I, hereby grant Rooftop at Riverside, LLC permission to use my likeness in photographs, videos, or other media in any and all of its social media platforms, including but not limited to Facebook, Instagram, Twitter, LinkedIn, and the company’s website, without payment or any other consideration.
I understand and agree that these materials may be used for promotional, marketing, educational, and advertising purposes. I waive any right to inspect or approve the finished product wherein my likeness appears.
I acknowledge that participation is voluntary, and I release and hold harmless Rooftop at Riverside, LLC, its employees, agents, and representatives from any and all claims, demands, or causes of action that I may have by reason of this authorization.
This consent is given in perpetuity unless I provide written notice requesting removal of specific content. I understand that once content is posted online, Rooftop at Riverside, LLC cannot guarantee complete removal from all sources.
By signing this waiver, I also consent to receive emails from Rooftop at Riverside, LLC regarding my booking, promotions, special offers, and upcoming events. I understand that I can unsubscribe at any time by clicking the “unsubscribe” link in any email or by contacting Rooftop at Riverside, LLC directly.
I acknowledge that I have read and understand this release form, if you or your child/children prefer not to be photographed, please contact notify the game coach on site, and we will not photograph your party.
Electronic Signature and Acknowledgement
I acknowledge that I have read and fully understand the foregoing release of liability, photo release form, and notice to minor child(ren) and/or other minors in my care for whom I sign this Waiver.
I HAVE READ THESE DOCUMENTS AND UNDERSTAND IT. I UNDERSTAND THAT BY SIGNING BELOW, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
